State of Arizona sues federal government over request to remove shipping containers
Court documents show the state is suing multiple federal agencies
YUMA, Ariz. (KYMA, KECY) - Arizona is suing the federal government over the shipping containers placed on federal land in Yuma's border wall gaps.
The U.S. Department of the Interior sent a letter to the state nearly two months asking for after the project's completion asking for their removal.
The state responded to that letter by saying "The containers will remain in place."
In the lawsuit, in which Arizona Governor Doug Ducey is the plaintiff, the state writes it has "pleaded with the federal government many times" to act regarding the local border crisis.
Container project has legal standing
Because of the federal inaction, the state argues the container project has legal standing.
Saying the Governor has a right to defend the state of Arizona and its citizens under the U.S. Constitution.
“Our border communities are overwhelmed by illegal activity as a result of the Biden administration’s failure to secure the southern border,” said Governor Ducey in a statement.
"With this lawsuit, we’re pushing back against efforts by federal bureaucrats to reverse the progress we’ve made. The safety and security of Arizona and its citizens must not be ignored."
Yuma County Supervisor Jonathan Lines recently told KYMA the containers have lowered the number of "known gotaways" in the sector.
However, camera footage spots migrants, but border patrol agents never apprehends them.
"It used to be 3 thousand a month, now it’s at 1 thousand, so that’s a significant reduction,” Lines said.
Waiting for federal government's permanent solution
The governor's office maintains they will remove the temporary containers when the federal government offers a permanent solution.
Additionally, another letter sent to the governor's office on October 18, announcing a project to close 4 gaps in the Yuma Sector, suggests that will not be coming soon.
"The gaps will be filled using a combination of temporary mesh fencing and mechanized vehicle bollard gates," Shelly Barnes, the CBP Environmental Planning Lead wrote. "Construction will begin in early 2023."
Not only that, Barnes' letter adds that "the project area is located on federal land that was previously disturbed by other construction activities."
Temporary solution
C.J. Karamargin, a spokesperson for Governor Ducey, said the containers already serve as a temporary solution and they won't be removed for a mesh barrier.
"What we need is a permanent solution, not another temporary one," Karamargin said.
Local state representative and farmer Tim Dunn is defending the Governor.
“Farmers are thankful the barrier is stopped unfettered trespassing into Yuma farm fields. The Border Barrier Mission in Yuma is critical and has assisted in gaining operational control over the chaos," Dunn said.
You can read the full 51-page complaint from Governor Doug Ducey below.
